ATMA RAM YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this appeal the appellants have impugned the judgment and order of a learned Judge of this Court dated 24th June, 1999, in C.W.J.C. No. 6545 of 1998 [1999(2) PLJR 811] dismissing the writ petition filed by them. In the writ petition the appellants had challenged the acquisition proceeding which had been initiated pursuant to a scheme for widening of the Chiraiyatand Over-bridge and approach roads at Patna. The appellants challenged virtually all the notifications, orders etc. issued in connection with the said acquisition proceeding, including the notifications issued under Sections 4 and 6 of the Land Acquisition Act and the award made under Section 11(2) of the Act. The learned Judge finding no substance in the grounds urged by the appellants dismissed the writ petition.

(2.) It is not in dispute that a proceeding was initiated under the Land Acquisition Act for the acquisition of lands which were required for execution of the scheme to widen Chiraiyatand Overbridge and approach roads at Patna. Counsel for the appellants did not contend that the acquisition of the lands was not for a public purpose. Indeed, the widening of the Chiraiyatand Overbridge is a compelling necessity since the said Overbridge connects the city of Patna with that part of the city which was developed to the south of the railway line, and which is connected by the aforesaid Chiraiyatand Overbridge. The existing Overbridge has a width of 9 meters and the proposal is to widen it further by 9.15 meters, so that instead of the existing two lanes, it may have four lanes. The approach roads to the said Overbridge have to be suitably widened with a view to take the load of increased traffic, and also to maintain the road alignment with the widened bridge proposed to be constructed.

(3.) Before the learned Judge three grounds were urged by the appellants, namely :